What is Felony DWI in Texas?

August 22, 2020

A Texas DWI conviction can have lasting adverse consequences for your life, regardless of how it is charged. But when a Texas DWI Texas is charged as a felony, the legal consequences are far more severe. Sentencing in felony DWI is often harsh, and your best bet would be to have a Texas DWI Houston attorney by your side as soon as possible after your arrest. 


Types of Offenses and Legal Penalties for Felony DWI


In general, Texas DWI Texas would be charged as a felony when you have committed a third DWI offense or beyond that. But under some conditions, even your first or second offense could result in a felony charge.


Intoxication Assault in Texas

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When someone gets injured in an accident with you and it is found that you were driving while intoxicated, no matter if it is your first DWI or second, you will face felony charges of the third degree called intoxication assault. Penalties for this offense may include:


  • Incarceration for 2 to 10 years 

  • Fine of up to $10,000


Intoxication Manslaughter in Texas


When someone gets killed in an accident involving you and it is determined you were driving while intoxicated, you will face a second-degree felony charge called intoxication manslaughter. Penalties may include:


  • Incarceration for 2 to 20 years 

  • Fine of up to $10,000


DWI with Minor Passenger below 15 Years 


If you are arrested for DWI while you have a minor passenger below the age of 15 in your vehicle, you will face a DWI with a child passenger charge. It is a felony charge in Texas with penalties including:


  • Incarceration of 180 days to two years

  • Fine of up to $10,000


Third DWI or More 


Your Texas DWI Houston lawyer will explain to you that the state law imposes harsher punishments for a third DWI offense in comparison to the previous offenses. It is considered a third-degree felony and penalties will include:


  • Incarceration for 2 to 10 years 

  • Fine of up to $10,000


Third DWI or More with Prior Imprisonment 


If along with a third or greater DWI offense, you also have been jailed in the past in a state prison in Texas for any offense, you will face a second-degree felony DWI charge. Penalties include:


  • Incarceration for 2 to 20 years (if you had one previous imprisonment)

  • Incarceration for 25 years to life (if you had at least two previous imprisonments) 

  • Up to $10,000 in fines 


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Potential Restrictions in a Felony DWI in Texas


You may be required to install an interlock device on the car ignition, which will determine if you have consumed alcohol. A temporary disabling of your vehicle will occur if the device finds alcohol on your breath. You may also be ordered to refrain from using alcohol as well as certain controlled substances unless you have a prescription.


Contact a Top-Rated Texas DWI Houston Attorney 

Flood & Associates is a reputable criminal defense and DWI law firm in Texas led by award-winning attorneys. If you have been charged with a DWI felony, you will need a robust defense strategy to fight your case. We have the skills and resources to provide you a strong legal representation. To schedule a free consultation or obtain a free case review, call us at 713.224.5529 or contact us online.


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*Use of this form does not constitute an attorney-client relationship.

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Disclaimer: The information on this website does NOT constitute legal advice. If you need legal advice, then retain an attorney to discuss the facts of your case. If you would like to discuss your case with an attorney at Tyler Flood & Associates, Inc., then please contact us to schedule a consultation. Until we specifically agree to act for you on a matter, you should not provide us with any confidential information or material.
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